HomeMy WebLinkAbout04-18-13 Regular Meeting of the Planning and Zoning Commission
City of La Porte Planning and Zoning Commission Agenda
RegularMeeting
Notice is hereby given of a of the La Porte Planning and Zoning Commission to be
April18, 20136:00 P.M
held on , at . at City Hall Council Chambers, 604 WestFairmont Parkway, La
Porte, Texas, regarding the items of business according to the agenda listed below:
1.Call to order
2.Roll Call of Members
3.Consider approval of March21, 2013, meeting minutes.
4.Discussion or other action regarding recommended options for amendments to Dust Free
Surface regulations.
5.Receive an update on the Planning and Zoning Commission Subcommittee’s review of Chapter
106 “Zoning” of the City’s Code of Ordinances.
6.Administrative Reports
7.Commission Commentson matters appearing on agendaor inquiry of staff regardingspecific
factual information orexisting policy
8.Adjourn
A quorum of City Council members may be present and participate in discussions during this meeting;however,
no action will be taken by Council.
In compliance with the Americans withDisabilities Act, the City of La Porte will provide for reasonable
accommodations for persons attending public meetings. To better serve attendees,requests should be received
24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary,at 281.470.5019.
CERTIFICATION
I certify that a copy of the April18, 2013, agenda of items to be considered by the Planning and
Zoning Commission was posted on the City Hall bulletin board on the ____ day of __________,2013.
Title: ______________________________
____________________________________________________
Out of consideration for all attendees of the meeting, please turn off all cell phones and
pagers, or place on inaudible signal. Thank you for your consideration.
Planning and Zoning Commission
Minutes of March 21, 2013
Commissioners Present: Richard Warren, Helen LaCour, Phillip Hoot, Les Bird, Danny Earp, and Hal
Lawler
Commissioners Absent: Lou Ann Martin, Mark Follis, and Doretta Finch
City Staff Present: City Manager Corby Alexander, Assistant City Manager Traci Leach, Planning
Director Tim Tietjens, City Planner Masood Malik, Assistant City Attorney Clark
Askins, and Office Coordinator Peggy Lee
Call to order.
1.
Meeting called to order by Chairman Hal Lawler at 6:03 p.m.
Roll Call of Members.
2.
Commissioners Warren, Lacour, Hoot, Bird, Earp, and Lawler were present for roll call.
Consider approval of February 21, 2013, meeting minutes.
3.
Motion by Commissioner Bird to approve the February 21, 2013, meeting minutes. Second by
Commissioner Warren. Motion carried.
Ayes: Commissioners Warren, LaCour, Hoot, Bird, Earp, and Hal Lawler
Nays: None
4.
Open Public Hearing to receive citizen inputon Special Conditional Use Permit #13-91000001, for
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the property located at 1926 South 16Street, further described as 5 acre tract TR 1B-1, in the
William P. Harris Survey,Abstract No. 30, La Porte, Harris County, Texas.Reese Brown, on behalf
of Buffalo Horn Investment, LLC. property owner, seeks approval for building approximately
100,000 sq. ft. office/warehouse within Planned Unit Development (PUD) zone.
Chairman Lawler opened the public hearing at 6:05 p.m.
A. Staff Presentation
City Planner Masood Malik presented the staff presentation on a request by Buffalo
Horn Investment for a special conditional use permit (SCUP) to construct a 100,000 SF
tilt wall office/warehouse facility on a five-acre tract at the corner of McCabe Rd. and
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S. 16Street. Staff recommended approval of the SCUP with the six conditions listed
in the report.
Public hearing notices were mailed to five property owners locat
the subject property. No responses were received from the mail-out, but staff did
respond to several phone inquiries about the site.
Planning and Zoning Commission
Minutes of March 21, 2013
Page 2 of 6
B. Proponents
There were no proponents.
C. Opponents
Ryan Lovell, on behalf of Port Crossing Commerce Center, addressed the Commission.
Mr. Lovell stated he was not necessarily opposed to the Commissi
special conditional use permit; however, he did request that any
stipulation that Port Crossing be compensated a proportionate share for the
applicants use of the regional detention facility, which was co
by Port Crossing. Port Crossing is in a Tax Increment Reinvestment Zone; however the
only reimbursement from the City to date has been interest payme
During questions from the Commission, it was noted by the Planni
Tietjens that the regional detention facility constructed by Por
dedicated and accepted by the City as a public facility. Commissioner Hoot suggested
that future PUD/TIRZ reviews should include consideration of the other properties
located within the TIRZ.
D. Proponents Rebuttal
There were no rebuttals.
Close Public Hearing.
5.
Chairman Lawler closed the public hearing at 6:25 p.m.
Consider recommendation to City Council regarding Special Conditional Use Permit #13-91000001
6.
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Street.
for property located at 1926 South 16
Motion by Commissioner Earp to recommend to City Council, approval of Special Conditional Use
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Permit #13-91000001 for property located at 1926 South 16Street, with the following conditions:
1.This Special Conditional Use Permit is applicable for the subjec
February 12, 2013, a copy of which shall be maintained in the fihe Citys Planning Department.
Project development shall be consistent with such plan, except a
approval.
2.The plan shall comply with all other provisions of Chapter 106, .
3.Furnish the City a letter from Exxon/Mobil pertaining to the app
4.Minor amendments to the plans shall be subject to approval by th A significant
change in the approved concept shall be subject to the Planning and Zoning Commissions review.
5.Exterior modifications, including signage and installation of re
Planning Department.
Planning and Zoning Commission
Minutes of March 21, 2013
Page 3 of 6
6.The Developer shall comply with all other applicable laws and ore City of La Porte including
building permits, irrigation, landscaping, sidewalk provisions,
State of Texas.
Second by Commissioner Hoot. Motion carried.
Ayes: Commissioners Warren, LaCour, Hoot, Bird, Earp, and Hal Lawler
Nays: None
Open Public Hearing to receive citizen input on Special Conditio-91000002, for
7.
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property located at 120 North 7Street, further described as Lots 1 thru 9 and 34, Block 54, Tow
La Porte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harr
behalf of St. Mark United Methodist Church, property owner, seek church
within Main Street District (MSD) zone.
Chairman Lawler opened the public hearing at 6:30 p.m.
A. Staff Presentation
City Planner Masood Malik presented the staff presentation on a request by St. Mark
United Methodist Church for a special conditional use permit (SCUP) to construct a
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church at 120 North 7 Street, located within the Main Street District. Staff
recommended approval of the SCUP with several conditions that included a condition
that the developer acknowledges the existence of an existing alcoholic beverage
business at 700 W. Main Street and waives the right for protecti-2
of the Citys Code of Ordinances for this particular business in
school, and daycare operations now and in the future. With regard to this condition,
the Commission and staff had a lengthy discussion about the poss
applicant and to the businesses located within 300 that would sell/serve alcohol.
Public hearing notices were mailed to 16 property owners located within 200 feet of
the subject property. Three responses were received in favor of
notices were returned undeliverable.
B. Proponents
Deborah Giles, Pastor of St. Mark United Methodist Church, addre
Commission. Pastor Giles stated there are no current plans to operate an accre
school at this location. Current plans include worship, Sunday
church related activities. Future plans may or may not include
Pastor Giles requested approval of the SCUP to allow construction of a new church to
replace the previous one, which was destroyed by a storm.
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Nettie Warren, 212 N. 3 Street, addressed the Commission. Ms. Warren approves of
the plans to rebuild the church and in the future, if the church-
school program they could easily construct another building on t
Planning and Zoning Commission
Minutes of March 21, 2013
Page 4 of 6
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St. and N. 6Street. Ms. Warren spoke of the importance of preserving African-
American churches and one of the first Methodist churches in La Porte.
C. Opponents
There were no opponents.
D. Proponents Rebuttal
There were no rebuttals.
Close Public Hearing
8.
Chairman Lawler closed the public hearing at 6:47 p.m.
Consider recommendation to City Council regarding Special Condit-91000002
9.
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for property located at 120 N. 7Street.
Motion by Commissioner Hoot to recommend to City Council, approvSpecial Conditional Use
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Permit #13-91000002 for property located at 120 N. 7 Street, with the following conditions:
1.This Special Conditional Use Permit is specifically limited for
the above referenced property.
2.This permit does not become valid until a Certified Development
reviewed and approved in accordance with the requirements of the
3.If applicant desires to operate a school on the site, a separatecial Conditional Use Permit shall
be required.
4.The Developer shall comply with all applicable laws and ordinanc
permits, irrigation, landscaping/screening, sidewalk provisions,
Second by Commissioner Warren. Motion carried.
Ayes: Commissioners Warren, LaCour, Hoot, Bird, Earp, and Hal Lawler
Nays: None
Chairman Lawler called for a ten minute break at 7:12 p.m. Meet
Receive Presentation by Mueller Management / Ron Cox Consulting on Planning Department
10.
Organizational Review.
Planning Director Tim Tietjens provided a brief overview of the Council activities to date associated
with the Planning Department Organizational Review. The present/
Ron Cox Consulting was previously presented to City Council; in
Commission have the opportunity to hear the presentation and to -in on Planning and Zoning
related items that were included in the report.
Planning and Zoning Commission
Minutes of March 21, 2013
Page 5 of 6
Alan Mueller and Ron Cox presented the Commission with their findings from the Planning
Department Organizational Review, as presented to Council during their February 18, 2013, meetin.
Discussion or other action regarding Planning Department Organizonal Review and
11.
Implementation Plan.
Mr. Tietjens described the format of the Implementation Plan and requested Co
yes or no recommendation on whether they believed we need to move forward on the Planning and
Zoning related items that were included in the report. The items are listed below along with the
Commissions recommendations:
Communication
#9 Revise the Planning and & Zoning Commission public hearing agenda format. Yes
Cumbersome Process
#9 Establish a consistent philosophy to utilize PUDs to simplify, rather than complicate, development
applications. Yes
Organizational Culture Recommendations
#4 Establish and enforce a culture of mutual respect between the City Council, Planning Commission,
staff, and customers. Yes
#6 Establish Planning Commission bylaws and rules of procedure. Yes
Code Recommendations
Zoning Codes
Consider 19 identified amendments to the Zoning Ordinance and processes. Yes, excluding the
recommended amendment that would reduce the membership of the Planning and Zoning
Commission from 9 to 7 members.
Development Codes
Consider 10 identified amendments to the Development Ordinance and processes. Yes
Other Codes
Consider 6 identified changes to codes and processes related to Yes
Administrative Reports
12.
Mr. Malik reported the following:
A pre-development meeting was held earlier in the week with developers-4
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story, 85-room, Hampton Inn, along S. 13 Street, next to Candlewood Suites.
The Zoning Ordinance Review Subcommittee is working on the use t
acquired NAICS 2012 manual.
Planning and Zoning Commission
Minutes of March 21, 2013
Page 6 of 6
Commission Comments on matters appearing on agenda or inquiry of staff regarding specific factual
13.
information or existing policy.
Commissioner Warren appreciated the dialogue when working through the special condit
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use permit for St. Mark United Methodist Church.
Commissioner LaCour thanked the consultants for their presentation.
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Commissioner Hoot, being a member of the subcommittee, stated the committee is looking at
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policies related to how the codes are being interpreted and described the cumbersome task of
comparing the currently used SIC Codes with the NAICS Codes. Several citizens have
expressed an interest in participating on the subcommittee, so for the next meeting the
Commission agreed there would be an agenda item to discuss the possibility of appointing
citizens to the review committee.
Commissioner Earp thanked the consultants for their presentation, but did not feel it was a fair
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representation of how the Planning Department operates on a dail
understands the consultants were hired to identify shortcomings, liked to see
some of the positive things the Department does highlighted in t
Commissioner Bird thanked the consultants, City Administrators, and City Staff for
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and expressed his appreciation for the opportunity to serve on tmission.
Chairman Lawler thanked the consultants and reminded the group there is no dumb
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question when it comes to working out the details needed to make
Adjourn
14.
Motion by Commissioner Warren to adjourn. Second by CommissioneLaCour. Motion carried.
Ayes: Commissioners Warren, LaCour, Hoot, Bird, Earp, and Hal Lawler
Nays: None
Chairman Lawler adjourned the meeting at 9:12 p.m.
Respectfully submitted,
Peggy Lee
Secretary, Planning and Zoning Commission
Passed and Approved on __________________ ______, 2013.
Hal Lawler
Chairman, Planning and Zoning Commission
Dust Free Surface
Exhibits:
Staff Report
A.Ordinance w/changes
B.Ordinance (final)
Staff ReportApril 18, 2013
Dust Free Surface
Discussion Item
Summary:
City Council received an inquiryabout an effective enforcement of the City’s dust free
surface criteriaanddirected staff to study the issue andpresent it to the Planning and
Zoning Commission for their consideration.At the October 18, 2012, meeting, the
Planning and Zoning Commissionformed a subcommittee,whose members include
Danny Earp, Mark Follis, Phillip Hoot, and Les Bird. The subcommittee worked with the
City’s Planning Director, City Planner, City Engineer, and Sr. Project Engineerto
analyzethe criteria and provide a recommendation for dust free surface.
Planning and Zoning Commission, during their February 21, 2013, meeting held a public
hearing to receive citizen input and recommended City Council approval of proposed
amendments to the zoning ordinance in this regard. At the conclusion of the public
hearing at the April 08, 2013, meeting, City Council has remanded the review backto
Planning and Zoning Commission.
The concern voiced by Council was the exemption of pre-existing and non-conforming
parking lots. Whereas, Planning and Zoning Commission clarified that pre-existing and
nonconforming sites would be exempted from the newproposed standards unless the
property is redeveloped. Staff is looking for directions.
Actions by the Commission:
1.Discuss the issues
2.The Commissionmay elect to:
Review this item along with thorough review of the Zoning Ordinance
currently in process
Explain or stand behind the recommendations and send a letter to City
Council in this regard
Make changes and forward recommendation to City Council.
ORDINANCE NO. ______________
AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING DUST FREE SURFACE
REGULATIONS ANDESTABLISHINGSTANDARDS FORPAVING SURFACES;
PROVIDING A REPEALING CLAUSE; CONTAININGA SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY
OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1.
That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article III.
“Districts”,Division 2. “Residential District Regulations”,Subdivision VI, “LL Large Lot
District”is hereby amended by amending Section 106-416“Special Regulations”, subsections (s)
and (t), which subsectionsshall hereinafter read as follows:
“Sec. 106-416.Special regulations.
…
(s)Driveways(12’):First 40’ dust free
(t)Driveways(20’):First 20’x20’ dust free
…
Section 2.
That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article III.
“Districts”, Division 3. “Commercial District Regulations”, Subdivision I, “Generally”is hereby
amended by amending Section 106-444“Special use performance standards”, to delete
subsection (b)(3), which subsection shall hereinafter read as follows:
“Sec. 106-444. Special use performance standards.
…
(b)Outdoorstorage.Openandoutdoorstorageasanaccessoryorprincipaluseprovided
that:
(1)Theareaisscreenedfromviewofneighboringresidentialusesoranabutting
residentialdistrictincompliancewithsection106-444(a).
(2)Storageisscreenedfromviewfromthepublicright-of-wayincompliancewith
section106-444(a).
(3)Storageareaisgrassedorsurfacedtocontroldust.
(4)Alllightingshallbehoodedandsodirectedthatthelightsourceshallnotbe
visiblefromthepublicright-of-wayorfromneighboringresidencesandshallbe
incompliancewithsection106-521(c),footnoteA.
...
Section 3.
ThatChapter 106 of the La Porte Code of Ordinances, “Zoning”, Article VI. “Off-
Street Parking”, is hereby amended by amending Section 106-835“Design Standards”, to delete
subsection(f)“Surfacing”, which section shall read as follows:
“Sec. 106-835.Design standards
.
Sec.106-835.-Designstandards(alsoseeFigures10-1,10-2and10-3).
(a)Parkingspacesize.Eachstandardparkingspaceshallnotbelessthanninefeet
wideand18feetinlength,andeachADAaccessibleparkingspaceshallnotbelessthan
14feetwideand20feetinlength,exclusiveofaccessaisles,andeachspaceshallbe
servedadequatelybyaccessaisles
(b)Withinstructures.Theoff-streetparkingrequirementsmaybefurnishedby
providingaspacesodesignedwithintheprincipalbuildingofonestructureattached
thereto;however,unlessprovisionsaremade,nobuildingpermitshallbeissuedto
convertsuchparkingstructureintoadwellingunitorlivingareaorotheractivityuntil
otheradequateprovisionsaremadetocomplywiththerequiredoff-streetparking
provisionsofthischapter.
(c)Circulation.
(1)Exceptinthecaseofsingle-family,two-familyandtownhousedwellings,
parkingareasshallbedesignedsothatcirculationbetweenparkingbaysoraisles
occurswithinthedesignatedparkinglotanddoesnotdependuponapublicstreet
oralley.Exceptinthecaseofsingle-family,two-familyandtownhouse
dwellings,parkingareadesignwhichrequiresbackingintothepublicstreetis
prohibited.
(2)Allmultifamilydevelopmentsmustincludeanareadesignatedfor
accommodationofschoolbusesandtheloadingandunloadingofpassengers.
Whereverpossiblesaidpickup/dropoffsitesshouldbelocatedsuchthatthe
passengerscanbeprotectedfromtheelements.Suchareasmustcomplywith
minimumstandardsnecessaryfortheefficientingress,egress,andmaneuvering
ofschoolbusesfortheloadingandunloadingofpassengersassetbytheLaPorte
IndependentSchoolDistrict.Acopyofthesestandardscanbeobtainedfromthe
schooldistrict.
(3)Inthecaseofoff-streetparkingfacilitieslocatedwithinmultifamily
developmentsallnon-adjacentgaragestructuresdividedbyparkingbaysor
accessaislesshallbeseparatedbynolessthan28feet.
(4)Maneuveringaisle.Aminimumofa25-footmaneuveringaisleisrequired
for90-degreeparking.Aminimumofa18-footmaneuveringaisleisrequiredfor
60-and45-degreeparking.
(d)Parallelparkingspaces.Inallcases,parallelparkingspacesshallbe22feetin
length.Exceptinthecaseofsingle-family,two-familyandtownhousedwellings,parking
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areasandtheiraislesshallbedevelopedincompliancewiththestandardscontainedin
Figures10-1and10-3.
(e)"Head-in"parkingspaces.Inthecaseofoff-streetparkingfacilitieslocated
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withinmultiple-familydevelopmentsexclusivelyserving"senior"ageindividuals,all90
or"head-in"parkingisprohibited.
FIGURE10-1
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FIGURE10-2
CURBANDDRIVEWAYCRITERIA,RESIDENTIALDISTRICTS
(R-1,R-2,R-3,MH)
DrivewayRequirements
Drive width12
Curb return radius
Distance from intersection
Spacing between driveway
Distance from side lot line
Intersecting angle90
Approach grade5% max.
For concrete drives only:
a.Material
w/ 6×6-6/6 W.W.M.
b.Expansion jointAt property line
c.Curb (if applicable)Curb disappearing at
property line
Obstruction clearance
hydrants, etc.
4
*Thisdistanceshallbemeasuredfromtheintersectionofpropertylinescommonwith
streetright-of-waylines.
FIGURE10-3
CURBANDDRIVEWAYCRITERIA
COMMERCIALANDINDUSTRIALDISTRICTS
(CR,NC,GC,BI,LI,HI)
Driveway CriteriaRequirements
CommercialIndustrial
Drive width
Curb return radius
Distance from intersection
Spacing between driveways
Number of accesses
% of property frontage40%40%
Intersecting angle9090
Approach grade5% max.5% max.
Expansion jointAtprop. lineAt prop. line
CurbsDisappearingDisappearing
at prop. lineat prop. line
Obstruction clearance
Distance from side lot line
*Thedistanceshallbemeasuredfromtheintersectionofpropertylinescommonwiththe
streetright-of-waylines.
(e)Drivewayapproaches.Drivewayapproachesshallbeaminimumtwofeetfrom
thesidepropertylineinresidentialdistricts,andtenfeetfromthesidepropertylinein
businessorindustrialdistricts,orR-3residentialdistricts.
(f)Surfacing.Allareasintendedtobeutilizedforparkingspaceanddrivewaysshall
besurfacedwithmaterialssuitabletocontroldustanddrainage.Exceptinthecaseof
single-familyandtwo-familydwellings,drivewaysandstallsshallbesurfacedin
conformancewiththepublicimprovementscriteriamanual.Plansforsurfacingand
drainageofdrivewayandstallsforfiveormorevehiclesshallbesubmittedtothe
directorforhisreviewandthefinaldrainageplanshallbesubjecttohiswrittenapproval.
(g)Striping.Exceptforsingle-family,two-familyandtownhousedwellings,all
parkingstallsshallbemarkedwithpaintedlinesnotlessthanfourincheswide.
(h)Lighting.Anylightingusedtoilluminateanoff-streetparkingareashallbeso
arrangedastoreflectthelightawayfromadjoiningproperty,abuttingresidentialuses
andpublicright-of-way.
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(i)Curbing.Exceptforsingle-family,two-familyandtownhousedwellings,allopen
off-streetparkingshallhaveacurbbarriernotcloserthantwofeettoallstreetfrontage.
(j)Requiredscreening.Anyscreeningrequiredshallconsistofthefollowing:
(1)Aplantingstripshallconsistofevergreengroundcover,andshallbeof
sufficientwidthanddensitytoprovideaneffectivescreen.Theplantingstripshall
containnostructuresorotheruse.Suchplantingstripshallnotbelessthansix
feetinheight.Earthmoundingorbermsmaybeused,butshallnotbeusedto
achievemorethantwofeetoftherequiredscreen.
(2)Standards:
a.Widthofplantingstrip:Fourfeet.
b.Typeofplanting:Evergreen.
c.Sizeofplants:Minimalheightoffourfeetattimeofplanting.Must
reachaheightofsixfeetwithintwoyears.
d.Plantingdensity:Suchthatwithintwoyearsofnormalgrowth,asolid
screenwillbeformedtoaheightofatleastsixfeetaboveadjacentgrade.
(3)Screeningwillberequiredinthefollowingsituations:
a.Parkingareasforrecreationalbuildings,communitycenters,religious,
andprivateandpubliceducationalinstitutions.
b.Manufacturedhousingparksandsubdivisionsscreenedfromabutting
uses.
(4)Requiredscreeningwillcounttowardtherequiredpercentageoflandscaping.
(k)Parkinglotscreening.Alandscapebuffershallbemaintainedbetweenallopen,
nonresidentialoff-streetparkingareasoffiveormorespacesabuttingresidentialdistricts.
Landscapebuffersshallbeaminimumoffourfeetinwidth.Plantingsshouldconsistof
treesandlowevergreenshrubs.Plantingplansshallbeapprovedbythedirector.
Section 4.
That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article VI. “Off-
Street Parking”, is hereby amended by amending Section 106-837,“Location”, subparagraph (6),
which subsection shall hereinafterread as follows:
“Sec.106-837.Location.
…
(6) In the case of single-family, two-family, and townhouse dwellings, parking shall be
prohibited in any portion of the front yard except designated driveways or one open, surfaced
space located on the side of a driveway, away fromthe principal use. Suchextraspaceshallbe
surfacedwithconcreteorbituminousmaterial.
…
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Section 5.
That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article VI. “Off-
Street Parking”, is hereby establishedby adding new Section 106-841“Paving Surfaces”, which
shall read as follows:
“Sec. 106-841. Paving Surfaces.
A.Purpose.Thepurposeoftheregulationssetforthinthissectionistoencourage
highqualityresidentialandnonresidentialdevelopmentsbyavoidingpoorquality
surfacesandbycreatingaharmoniousblendofqualitydevelopments.Thisis
accomplishedbycreatingmeasurementsorstandardstoensurequality
establishments,constructionandreconstructionoflandassetforthherein.This
sectionisintendedtoinfluencesuchdesignstandardsforconstructionand
reconstructionprojectsinamannerthatachievesavisuallydesirableenvironmentin
asafeandbeneficialmannercomplementingsuchdevelopmentssurroundingsand
protectingprivatepropertyvalues.This,inturn,promoteseconomicgrowthand
preservespropertyvaluestothebettermentofallpropertyowners.Thecriteriaforthe
surfacedesignstandardsandtheprescriptionsregardingoff-streetparking,paving,
constructionandreconstructionaremandatory.
B.Applicability.ThisSectionappliestopropertiesmeetingthefollowingcriteria:
1.R-1andR-2zones:SixinchesofCourseAggregateBase(limestone,crushed
concreteandcalciumsulfate)with1½inchHotMixedAsphaltConcreteOR
minimum4inchConcretepavement.Reinforcement#66x6W.W.M.or#3bars@18
inchO.C.
2.R-3andMHZones:Minimum5inchConcretepavement.Reinforcement#4bars
@24inchO.C.
3.LargeLot(LL)zone:CourseAggregateBase,ReclaimedAsphaltConcrete,
SurfaceTreatmentperTxDOTSpecification316,HotMixedAsphaltConcrete,and
Concretepavementsareallowedwithoutminimumdesignstandards.
4.NCandMSzones:6inchstabilizedsubgradewith6inchCourseAggregateBase
and1½inchHotMixAsphaltConcreteOR6inchstabilizedsubgradewith5inch
Concrete.Reinforcement#4bars@24incho.c.
5.GCzone:SurfaceTreatmentperTxDOTSpecification316,6inchstabilizedsub
gradewith6inchCourseAggregateBaseand1½inchHotMixAsphaltConcrete
OR6inchstabilizedsubgradewith5inchConcrete.Reinforcement#4bars@24
incho.c.
6.BI,LI,HIzones:SurfaceTreatmentperTxDOTSpecification316,Cationic
ModifiedPetroleumResinandAsphaltEmulsion(perSpecificationinitemDbelow)
allowedbehindthefenceareaswith6inchstabilizedsubgradeand8inchCourse
AggregateBase,6inchstabilizedsubgradewith8inchCourseAggregateBaseand
1½inchHotMixAsphaltConcreteor6inchstabilizedsubgradewith8inch
Concrete.Reinforcement#4bars@24incho.c.
C.SpecialConditions.
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1.LaydownyardsorstorageareasshallcomplytherequirementsofSection106-841.
Storageareasmaybegrassedtocontroldustifgradedtodrainandaccessislimited.
2.RedevelopmentofapropertyshallcomplywiththerequirementsofSection106-
841excludingresidentialdevelopment.
3.APUDwillbeapplicabletotheunderlyinguseatthetimeofdevelopmentor
redevelopment.
4.Inallcases,drawingsshallincludenotestospecifycompactionrequirementsfor
materialsusedoncommercialandindustrialprojects.
5.Removalandreplacementofexistingmaterialformaintenancewouldnotrequire
complyingwiththerequirementsofSection106-841.
6.MinimumdesignstandardsmaybewaivedwithsubmittalofEngineeringdesign
signedandsealedbyaprofessionalengineer.
D.Dilution Ratio –Emulsion product delivered in a liquid emulsion concentrate which
is diluted with Cold and Warm potable or non-potable water at the ratio of 1 part
emulsion product to 5-8 parts wateras referenced in Section 106-841, B-6.
Application Rates: 0.25 –0.50 diluted gallons per square yard.
Procedure: Initial Treatment –Base Course Applications
Day 1: Apply diluted product at .50 gal per sq.yd.
Days 8 & 22: Repeat same procedure as Day 1
Remedial Applications:
Applied at 30-90 days after establishing base course contingent upon traffic and
wear patterns
These specs are intended to specify a specialized modified emulsion with wetting agents and
long term diluting stabilizing agent to be used as an All weather dust control. Material to be
diluted with cold or warm potable or non-potable water.
SpecMin.Max.
.
Viscosity S.F. @ 77ºF Sec.075
Residue, % min3545
Sara 3 ingredient level00
Moisture, wt %-62
Kinematic Viscosity, Goc, est100-
Soluble in Trichlorethylene-8
Ash % wt.-2
Specific Gravity.981.10
Ph3.75
Softening point on asphalt150ºF190º
…
Section 6
:All ordinances or parts of ordinances inconsistentwith the terms of this ordinance,
including but not limited to City of La Porte Ordinance 904,passed and approved on November
15, 1971,are hereby repealed; provided, however, that such repeal shall be only to the extent of
8
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 7:
Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 8
.Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 9.
The CityCouncil officially finds, determines,recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Texas LocalGovernmentCode; and that this
meeting has been open to the public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 10.
This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at leastoncewithin ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this the______ day of _________________, 2013.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
9
ORDINANCE NO. ______________
AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING DUST FREE SURFACE
REGULATIONS ANDESTABLISHINGSTANDARDS FORPAVING SURFACES;
PROVIDING A REPEALING CLAUSE; CONTAININGA SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY
OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1.
That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article III.
“Districts”,Division 2. “Residential District Regulations”,Subdivision VI, “LL Large Lot
District”is hereby amended by amending Section 106-416“Special Regulations”, subsections (s)
and (t),which subsectionsshall hereinafter read as follows:
“Sec. 106-416.Special regulations.
…
(s)Driveways(12’):First 40’
(t)Driveways(20’):First 20’x20’
…
Section 2.
That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article III.
“Districts”, Division 3. “Commercial District Regulations”, Subdivision I, “Generally”is hereby
amended by amending Section 106-444“Special use performance standards”, to delete
subsection (b)(3), which subsection shall hereinafterread as follows:
“Sec. 106-444. Special use performance standards.
…
(b)Outdoorstorage.Openandoutdoorstorageasanaccessoryorprincipaluseprovided
that:
(1)Theareaisscreenedfromviewofneighboringresidentialusesoranabutting
residentialdistrictincompliancewithsection106-444(a).
(2)Storageisscreenedfromviewfromthepublicright-of-wayincompliancewith
section106-444(a).
(3)Alllightingshallbehoodedandsodirectedthatthelightsourceshallnotbe
visiblefromthepublicright-of-wayorfromneighboringresidencesandshallbe
incompliancewithsection106-521(c),footnoteA.
...
Section 3.
ThatChapter 106 of the La Porte Code of Ordinances, “Zoning”, Article VI. “Off-
Street Parking”, is hereby amended by amending Section 106-835“Design Standards”, to delete
subsection(f)“Surfacing”, which section shall read as follows:
“Sec. 106-835.Design standards
.
Sec.106-835.-Designstandards(alsoseeFigures10-1,10-2and10-3).
(a)Parkingspacesize.Eachstandardparkingspaceshallnotbelessthanninefeet
wideand18feetinlength,andeachADAaccessibleparkingspaceshallnotbelessthan
14feetwideand20feetinlength,exclusiveofaccessaisles,andeachspaceshallbe
servedadequatelybyaccessaisles
(b)Withinstructures.Theoff-streetparkingrequirementsmaybefurnishedby
providingaspacesodesignedwithintheprincipalbuildingofonestructureattached
thereto;however,unlessprovisionsaremade,nobuildingpermitshallbeissuedto
convertsuchparkingstructureintoadwellingunitorlivingareaorotheractivityuntil
otheradequateprovisionsaremadetocomplywiththerequiredoff-streetparking
provisionsofthischapter.
(c)Circulation.
(1)Exceptinthecaseofsingle-family,two-familyandtownhousedwellings,
parkingareasshallbedesignedsothatcirculationbetweenparkingbaysoraisles
occurswithinthedesignatedparkinglotanddoesnotdependuponapublicstreet
oralley.Exceptinthecaseofsingle-family,two-familyandtownhouse
dwellings,parkingareadesignwhichrequiresbackingintothepublicstreetis
prohibited.
(2)Allmultifamilydevelopmentsmustincludeanareadesignatedfor
accommodationofschoolbusesandtheloadingandunloadingofpassengers.
Whereverpossiblesaidpickup/dropoffsitesshouldbelocatedsuchthatthe
passengerscanbeprotectedfromtheelements.Suchareasmustcomplywith
minimumstandardsnecessaryfortheefficientingress,egress,andmaneuvering
ofschoolbusesfortheloadingandunloadingofpassengersassetbytheLaPorte
IndependentSchoolDistrict.Acopyofthesestandardscanbeobtainedfromthe
schooldistrict.
(3)Inthecaseofoff-streetparkingfacilitieslocatedwithinmultifamily
developmentsallnon-adjacentgaragestructuresdividedbyparkingbaysor
accessaislesshallbeseparatedbynolessthan28feet.
(4)Maneuveringaisle.Aminimumofa25-footmaneuveringaisleisrequired
for90-degreeparking.Aminimumofa18-footmaneuveringaisleisrequiredfor
60-and45-degreeparking.
(d)Parallelparkingspaces.Inallcases,parallelparkingspacesshallbe22feetin
length.Exceptinthecaseofsingle-family,two-familyandtownhousedwellings,parking
2
areasandtheiraislesshallbedevelopedincompliancewiththestandardscontainedin
Figures10-1and10-3.
(e)"Head-in"parkingspaces.Inthecaseofoff-streetparkingfacilitieslocated
o
withinmultiple-familydevelopmentsexclusivelyserving"senior"ageindividuals,all90
or"head-in"parkingisprohibited.
FIGURE10-1
3
FIGURE10-2
CURBANDDRIVEWAYCRITERIA,RESIDENTIALDISTRICTS
(R-1,R-2,R-3,MH)
DrivewayRequirements
Drive width12
Curb return radius
Distance from intersection
Spacing between driveway
Distance from side lot line
Intersecting angle90
Approach grade5% max.
For concrete drives only:
a.Material
w/ 6×6-6/6 W.W.M.
b.Expansion jointAt property line
c.Curb (if applicable)Curb disappearing at
property line
Obstruction clearance
hydrants, etc.
*Thisdistanceshallbemeasuredfromtheintersectionofpropertylinescommonwith
streetright-of-waylines.
4
FIGURE10-3
CURBANDDRIVEWAYCRITERIA
COMMERCIALANDINDUSTRIALDISTRICTS
(CR,NC,GC,BI,LI,HI)
Driveway CriteriaRequirements
CommercialIndustrial
Drive width
Curb return radius
Distance from intersection
Spacing between driveways
Number of accesses
% of property frontage40%40%
Intersecting angle9090
Approach grade5% max.5% max.
Expansion jointAt prop. lineAt prop. line
CurbsDisappearingDisappearing
at prop. lineat prop. line
Obstruction clearance
Distance from side lot line
*Thedistanceshallbemeasuredfromtheintersectionofpropertylinescommonwiththe
streetright-of-waylines.
(f)Drivewayapproaches.Drivewayapproachesshallbeaminimumtwofeetfrom
thesidepropertylineinresidentialdistricts,andtenfeetfromthesidepropertylinein
businessorindustrialdistricts,orR-3residentialdistricts.
(g)Striping.Exceptforsingle-family,two-familyandtownhousedwellings,all
parkingstallsshallbemarkedwithpaintedlinesnotlessthanfourincheswide.
(h)Lighting.Anylightingusedtoilluminateanoff-streetparkingareashallbeso
arrangedastoreflectthelightawayfromadjoiningproperty,abuttingresidentialuses
andpublicright-of-way.
(i)Curbing.Exceptforsingle-family,two-familyandtownhousedwellings,allopen
off-streetparkingshallhaveacurbbarriernotcloserthantwofeettoallstreetfrontage.
(j)Requiredscreening.Anyscreeningrequiredshallconsistofthefollowing:
(1)Aplantingstripshallconsistofevergreengroundcover,andshallbeof
sufficientwidthanddensitytoprovideaneffectivescreen.Theplantingstripshall
containnostructuresorotheruse.Suchplantingstripshallnotbelessthansix
feetinheight.Earthmoundingorbermsmaybeused,butshallnotbeusedto
achievemorethantwofeetoftherequiredscreen.
5
(2)Standards:
a.Widthofplantingstrip:Fourfeet.
b.Typeofplanting:Evergreen.
c.Sizeofplants:Minimalheightoffourfeetattimeofplanting.Must
reachaheightofsixfeetwithintwoyears.
d.Plantingdensity:Suchthatwithintwoyearsofnormalgrowth,asolid
screenwillbeformedtoaheightofatleastsixfeetaboveadjacentgrade.
(3)Screeningwillberequiredinthefollowingsituations:
a.Parkingareasforrecreationalbuildings,communitycenters,religious,
andprivateandpubliceducationalinstitutions.
b.Manufacturedhousingparksandsubdivisionsscreenedfromabutting
uses.
(4)Requiredscreeningwillcounttowardtherequiredpercentageoflandscaping.
(k)Parkinglotscreening.Alandscapebuffershallbemaintainedbetweenallopen,
nonresidentialoff-streetparkingareasoffiveormorespacesabuttingresidentialdistricts.
Landscapebuffersshallbeaminimumoffourfeetinwidth.Plantingsshouldconsistof
treesandlowevergreenshrubs.Plantingplansshallbeapprovedbythedirector.
Section 4.
That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article VI. “Off-
Street Parking”, is hereby amended by amending Section 106-837,“Location”, subparagraph (6),
which subsection shall hereinafter read as follows:
“Sec. 106-837.Location.
…
(6) In the case of single-family, two-family, and townhouse dwellings, parking shall be
prohibited in any portion of the front yard except designated driveways or one open, surfaced
space located on the side of a driveway, away from theprincipal use.
…
Section 5.
That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article VI. “Off-
Street Parking”, is hereby establishedby adding new Section 106-841“Paving Surfaces”, which
shall read as follows:
“Sec. 106-841. Paving Surfaces.
A.Purpose.Thepurposeoftheregulationssetforthinthissectionistoencourage
highqualityresidentialandnonresidentialdevelopmentsbyavoidingpoorquality
surfacesandbycreatingaharmoniousblendofqualitydevelopments.Thisis
accomplishedbycreatingmeasurementsorstandardstoensurequality
establishments,constructionandreconstructionoflandassetforthherein.This
6
sectionisintendedtoinfluencesuchdesignstandardsforconstructionand
reconstructionprojectsinamannerthatachievesavisuallydesirableenvironmentin
asafeandbeneficialmannercomplementingsuchdevelopmentssurroundingsand
protectingprivatepropertyvalues.This,inturn,promoteseconomicgrowthand
preservespropertyvaluestothebettermentofallpropertyowners.Thecriteriaforthe
surfacedesignstandardsandtheprescriptionsregardingoff-streetparking,paving,
constructionandreconstructionaremandatory.
B.Applicability.ThisSectionappliestopropertiesmeetingthefollowingcriteria:
1.R-1andR-2zones:SixinchesofCourseAggregateBase(limestone,crushed
concreteandcalciumsulfate)with1½inchHotMixedAsphaltConcreteOR
minimum4inchConcretepavement.Reinforcement#66x6W.W.M.or#3bars@18
inchO.C.
2.R-3andMHZones:Minimum5inchConcretepavement.Reinforcement#4bars
@24inchO.C.
3.LargeLot(LL)zone:CourseAggregateBase,ReclaimedAsphaltConcrete,
SurfaceTreatmentperTxDOTSpecification316,HotMixedAsphaltConcrete,and
Concretepavementsareallowedwithoutminimumdesignstandards.
4.NCandMSzones:6inchstabilizedsubgradewith6inchCourseAggregateBase
and1½inchHotMixAsphaltConcreteOR6inchstabilizedsubgradewith5inch
Concrete.Reinforcement#4bars@24incho.c.
5.GCzone:SurfaceTreatmentperTxDOTSpecification316,6inchstabilizedsub
gradewith6inchCourseAggregateBaseand1½inchHotMixAsphaltConcrete
OR6inchstabilizedsubgradewith5inchConcrete.Reinforcement#4bars@24
incho.c.
6.BI,LI,HIzones:SurfaceTreatmentperTxDOTSpecification316,Cationic
ModifiedPetroleumResinandAsphaltEmulsion(perSpecificationinitemDbelow)
allowedbehindthefenceareaswith6inchstabilizedsubgradeand8inchCourse
AggregateBase,6inchstabilizedsubgradewith8inchCourseAggregateBaseand1
½inchHotMixAsphaltConcreteor6inchstabilizedsubgradewith8inchConcrete.
Reinforcement#4bars@24incho.c.
C.SpecialConditions.
1.LaydownyardsorstorageareasshallcomplytherequirementsofSection106-841.
Storageareasmaybegrassedtocontroldustifgradedtodrainandaccessislimited.
2.RedevelopmentofapropertyshallcomplywiththerequirementsofSection106-
841excludingresidentialdevelopment.
3.APUDwillbeapplicabletotheunderlyinguseatthetimeofdevelopmentor
redevelopment.
4.Inallcases,drawingsshallincludenotestospecifycompactionrequirementsfor
materialsusedoncommercialandindustrialprojects.
7
5.Removalandreplacementofexistingmaterialformaintenancewouldnotrequire
complyingwiththerequirementsofSection106-841.
6.MinimumdesignstandardsmaybewaivedwithsubmittalofEngineeringdesign
signedandsealedbyaprofessionalengineer.
D.Dilution Ratio –Emulsion product delivered in a liquid emulsion concentrate which
is diluted with Cold and Warm potable or non-potable water at the ratio of 1 part
emulsion product to 5-8 parts wateras referenced in Section 106-841, B-6.
Application Rates: 0.25 –0.50 diluted gallons per square yard.
Procedure: Initial Treatment –Base Course Applications
Day 1: Apply diluted product at .50 gal per sq.yd.
Days 8 & 22: Repeat same procedure as Day 1
Remedial Applications:
Applied at 30-90 days after establishing base course contingent upon traffic and
wear patterns
These specs are intended to specify a specialized modified emulsion with wetting agents and
long term diluting stabilizing agent to be used as an all weather dust control. Material to be
diluted with cold or warm potable or non-potable water.
SpecMin.Max.
.
Viscosity S.F. @ 77ºF Sec.075
Residue, % min3545
Sara 3 ingredient level00
Moisture, wt %-62
Kinematic Viscosity, Goc, est100-
Soluble in Trichlorethylene-8
Ash % wt.-2
Specific Gravity.981.10
Ph3.75
Softening point on asphalt150ºF190ºF
Section 6
:All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed, including but not limited to City of La Porte Ordinance 904, passed and
approved on November 15, 1971;provided, however, that such repeal shall be only to the extent
of such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 7:
Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
8
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 8
.Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Codeof Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 9.
The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Texas LocalGovernmentCode; and that this
meeting has been open to the public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 10.
This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at leastoncewithin ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this the______ day of _________________, 2013.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
9
Chapter 106 ‘Zoning’ Review
Update
Staff Report, 2013
April 18
Zoning Ordinance
(
Chapter 106)
Review
Summary:
During the February 21, 2013, meeting, the Planning and Zoning Commissionreceived
an update of Chapter 106 (Zoning) of the City’s Code of Ordinances review by the
subcommittee.
Currently, the subcommittee is working on the Residential, Commercial, and Industrial
Uses Table along withconversion from SIC to NAICS. Staff acquired the latest edition of
NAICS 2012, which classifies all economic activities into 20 sectors (Sectors 11 –92).
The subcommittee members have been provided with a draft table to identifynecessary
changes for permitted, conditional, and office use categories.
Staff discussed implementation of the Planning Audit recommendations as a top priority.
However, the subcommittee vowed to continue review of the zoning ordinance with no
intervene to the staff’s audit implementation plan.In addition, there has been request to
includereal estate professionalsorland developers to be on the subcommittee for review
process.
Actions by the Commission:
1.Discuss progress of the subcommittee
2.The Commissionmay elect to:
Include citizens/membersto the subcommittee
Discuss any matters related to the zoning ordinance.